Chemical Manufacturers Association v. United States Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
859 F.2d 977 (1988)
- Written by Eric Miller, JD
Facts
The United States Environmental Protection Agency (EPA) promulgated a rule requiring manufacturers of chemical 2-ethylhexanoic acid (EHA), a liquid used in industrial settings, to run tests on the chemical using animals as subjects. The final test rule, issued pursuant to the Toxic Substances Control Act (TSCA), was based on an inference of possible health risks, including cancer. The Chemical Manufacturers Association and four chemical manufacturers (collectively, CMA) petitioned the United States Court of Appeals for the District of Columbia Circuit to review the rule. CMA argued that the TSCA required the EPA to find that an unreasonable health risk was more than probable before a test rule could be issued. CMA also argued that the EPA was required to provide direct evidence of human exposure and that, in the case of EHA, even if human exposure were to be proven, such exposure occurred only in rare instances.
Rule of Law
Issue
Holding and Reasoning (Wald, C.J.)
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